65 Neb. 204 | Neb. | 1902
From findings and a decree adverse to him the plaintiff in the court below appeals his cause to this court. In the
“Ordinarily,”' it is said, “when one having a mortgage on real estáte becomes the owner of the fee the former estate is merged in the latter.” Wyatt-Bullard Limber Co. v. Bourke, 55 Nebr., 9. If this proposition of law is correct and has any practical value, — if it means anything when a record discloses that two unequal estates have apparently coalesced and all the facts and circumstances so far as known strengthen and confirm the inferences to be drawn from the record, and the person in whom the two estates of record have joined so treat his title, — then, in principle, can there be' any distinction as to the rights of a bona-fide purchaser relying on such record and the expressed intention of the
The decree of the district court is, for the reasons given,
Affirmed.